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HomeMy WebLinkAbout06/20/01 AGENDA CITY COUNCIL MEETING AGENDA JUNE 20, 2001 1. PRE-COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. A. General Council Business 2. CALL TO ORDER; 5;30 P.M. A. Pledge of Allegiance B. Invocation 3. CONSENT AGENDA A. Minutes of Meeting - May 23, 2001 (#AB01-131) B. OF-2 to Manette Treatment Plant Conveyance Improvements, Contract Change Order "'7 Authorization (#AB01-132) 4. CLAIMS/CHECK REGISTERS 5. COUNCIL MEMBER REPORTS 6. COUNCIL COMMITTEE REPORTS 7. MAYOR'S REPORT 8. LEGISLATIVE REPORT 9. PUBLIC RECOGNITION - (Comments limited to 3-minutes) 10. PUBLIC HEARINGS - ORDINANCES A. Ordinance No. 4764 (Second Reading) Amending Existing Gambling Tax Rates and Establishing a New Tax Rate for House-Banked Card Games (#AB01-129) B. Ordinance No. 4765 (Second Reading) Amending BMC Chapter 2.04, Providing for Notice ~-? of Hearings and Agendas; and Providing for Alternate Meeting Places for City Council (#AB01-130) 11. PUBL, IC HEARINGS - RESOLUTIONS A, Resolution No, 2815, Accepting the Dedication of a Portion of Harrison Memorial Hospital Land for Public Right-of-Way (#AB01-133) / B. Resolution No. 2816, Regarding the Recovery of Fees for Removal of Vegetation on ~) Multiple Properties (#AB01-134) 12. ADJOURNMENT OF MEETING COUNCIL WILL RECONVENE IN THE COUNCIL CONFERENCE ROOM TO HOLD A STUDY SESSION FOR A DISCUSSION ON "COMPUTER UPGRADES"... CITY COUNCIL MEETING JUNE 20, 2001 SPEAKERS LIST If you have a question that may require a written response, please provide your mailing address. Thank you. NAME TELEPHONE TOPIC 2. ge 10. 11. 12. 13. 14. AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: 'FOR AGENDA OF: JUNE 20, 2001 ORIGINATING DEPT.: CITY COUNCIL MINUTES OF MEETING-- HAY 2.~, 2001 ORIGINATOR: JOHN E. LAW, PRESIDENT DATE SUBMI-I-FED: JUNE 8, 2001 2. CLEARANCES: (Comment on back if necessary) 3, EXHIBITS: ENDORSEMENT ri INFORMATION FI APPROVED BY COUNCI~?J~I~SIDENT FOR SUBMITTAL: ¢. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: iii. RECOMMENDATION: 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION ~ULLED rl TABLED r'l APPROVED Fl DISAPPROVED [] AMENDED [] DATE: ~'~ P-,OU NCIL DIRECTIVE: 11. AGENDA BILL NO.: 0i (OVER) TAPE #1770 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES May 23, 2001 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4th Street, Bremerton, Washington, Wednesday, May 23, 2001, at 5:30 P.M., with Council Vice-President Mike Shepherd presiding. Council members present were Jim Reed, Conrad Esser, Carol Arends, Eric Younger, Ed Rollman, and Wayne Olsen. Council President John Law and Council Member Cecil McConnell were absent. Also present were Assistant City Attorney David St. Pierre; Deputy City Clerk Paula Johnston; and Legislative Assistant Lori Smith. The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConnell, followed by the invocation given by Pastor Lar~_ Rodgers of Central Kitsap Christian Church. Vice-President Shepherd made the following announcements: 1) A Pre-Council session to discuss general Council business was held prior to the Council Meeting; 2) Council will reconvene in the Council Conference Room immediately following the meeting for a Study Session to discuss "COMPUTER HARDWARE AND SOFTWARE ACQUISITION"; 3) A Study Session will be held on May 29, 2001 following the City Council Meeting to discuss "UTILITY RATES"; 4) The Meeting scheduled for Wednesday, May 30 has been changed to Tuesday, May 29th; 5) The City Council and Mayor will be participating in a "RETREAT" on Wednesday, May 30th from 12:00 P.M. to 8:00 P.M.; and 6) An Emergency Item has been added to the agenda and shall be heard as Item 1 lA - "Emergency Ordinance No. 4763, Declaring an Emergency; Approving Purchase of Replacement Electrical Control System for Wastewater Pump Station CW- 1; and Waiving Bid Procedures". CONSENT AGENDA A. Budget Adjustment No. 2001-9 for Equipment Rental Fund 510 (#AB01-108) #0085 M/S/C/U (Arends/Younger) Move to approve Consent Agenda as presented. CLAIMS/CHECK REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090 have been recorded on a listing that had been made available to the Council. #0106 M/S/C/U (Esser/Arends) On May 23, 2001, the Council does approve for payment those vouchers included and further described as follows: Checks 252347 through 252554 in the amount of $466,647.32; and Regular Payroll in the amount of $791,688.49 for the period ending May 15, 2001. COUNCIL MEMBER REPORTS Conrad Esser recognized all of the High School Seniors who will soon be graduating, but cautioned and encouraged them not to drink and drive as part of their celebrating. Carol Arend$ discussed a road closure at Callow & Burwell, and thanked everyone for their patience during the construction. She was upset at having an intruder who pried off a window screen, and stole some items off her desk. She cautioned others in the area to be careful. Eric Younger announced that he and Carol would be holding a combined District 6 & 7 Neighborhood meeting on Thursday, May 31, 2001 beginning at 6:30 P.M. in the Boardroom at the Bremerton School District Administration Building located at 134 N. Marion Avenue. Detective Keith Sargent and Sergeant Larry Hill from the Police Special Operations Unit will discuss "Methamphetamine". TAPE #1770 City Council Reg. Mtg. Minutes May 23, 2001 Page 2 of 5 Ed Rollman thanked Pat Wright and the volunteers involved with organizing the Armed Forces Festival; and encouraged people to check out the historical display located at 4th and Pacific. Wayne Olsen thanked Ray Ann Randall, Activities Director of Belmont Terrace Convalescent Center, for inviting him to the Dedication Ceremony as part of the National Nursing Home Week which took place May 13-19; congratulated Chief West of Central Kitsap Fire and Rescue on his retirement; and thanked Pat Wright, Chairman of the Armed Forces Festival Committee for all of the hard work in planning the Armed Forces Festival. Mike Shepherd reported on the District 5 Neighborhood meeting held on May 17, 2001; commented on the historical display now open to the public; asked that any individuals interested in volunteering as a docent for the display to contact the Mayor's Office at 478-5266; and lastly, invited the public to attend the next Art Walk on June 2 & 3. COUNCIL COMMITTEE REPORTS: Wayne Olsen. Ed Rollman? and Carol Arends reported on the Charter Review Committee. A public meeting may be held in July to receive input on the proposed changes. Carol Arends reported on the KRCC Transportation Policy Board Meeting and discussion held on the ferries. MAYOR'S REPORT On behalf of the Mayor, Mike Shepherd invited the public to attend a Special Meeting of the City Planning Commission on Tuesday, June 5, 2001 to comment on new draft development policies for downtown as an amendment to the Bremerton Comprehensive Plan. These draft policies are proposed by the Citizen Planning Advisory Committee, which started work on them last August. All interested citizens are encouraged to attend the hearing and provide comment. Copies of the proposal are available at the City Planning Department. LEGISLATIVE REPORT - There was no report tonight. PUBLIC RECOGNITION Pat Wright, Chair of the Armed Forces Festival Committee, reported on the phenomenal success of this year's events, and thanked the numerous volunteers for their efforts. Police Chief Rob Forbes invited the Council and the public to attend the Kitsap County Law Enforcement Memorial Service this Friday, May 25, 2001 at 1:00 P.M. 10A - INTER-LOCAL AGREEMENT BE'I'WEEN KITSAP URBAN COUNTY AND THE CITY OF BREMERTON TO FORM A HOME CONSORTIUM (#AB01-109): Debbie Peavler-Stewart, of the Department of Economic Development, summarized that the City of Bremerton entered into an Interlocal Cooperation Agreement with Kitsap County in 1999 to form a HOME Consortium under the National Affordable Housing Act. The agreement expired on January 31, 2001. The Department of Housing and Urban Development (HUD) provides funds under the HOME program to expand the supply of safe, sanitary and affordable housing for Iow-income persons. HUD determines the amount that may be allocated to states and local government based on a formula that considers the vacancy rate, condition and age of housing, and number of persons in poverty. Not all localities directly receive funds. In fiscal years in which Congress appropriates 1.5 billion of HOME TAPE #1770 City Council Reg. Mtg. Minutes May 23, 2001 Page 3 of 5 funds or more, a local government must meet a threshold of at least $750,000 to receive direct funding. Those individuals that do not meet the threshold may apply for funding for projects to the state or form consortiums with other entities. By forming a consortium with Kitsap County, the City · will increase the probability of receiving a direct HOME allocation. The HOME Consortium Agreement is structured, as it was during previous years, to set aside 45.4% of the total Consortium funds to the City with 5% of the funds being available to the County for administration. The Kitsap County HOME Consortium received $1,068,000 in 2001 and the City received a set-aside amount of $484,872 of those funds. There were no comments from the public. #0806 MISICIU (Olsen/Rollman) Move to authorize the Mayor to sign the Interlocal Agreement for the HOME program years 2002-2004. 10B - SHELTER PLUS CARE PROGRAM RENEWAL (#AB01-110): Debbie Peavler-Stewart, Department of Economic Development, reiterated that the City of Bremerton received a $596,400 grant in January of 1995 from the Department of Housing and Urban Development (HUD) under the Shelter Plus Care Program to provide a continuum of alcohol/drug free housing for people who are recovering from chemical/alcohol addiction. The non-profit organization, AGAPE is the sponsor of the program. The Program has three components. One component, the project based assistance is a 10 year program and will continue until 2006. However, AGAPE is increasing the number of beds available and plans to request additional funds from HUD. Two other components, the sponsor and tenant based programs, originally were funded for 5 years and expired in 2000 then renewed for 2001, and now must be renewed annually. Barbara Day Miller, Founder & Executive Director of AGAPE, provided a brief overview report of the AGAPE Program. There were no comments from the public. #1220 M/S/C/U (Arends/Reed) Move to authorize the Mayor to execute applications requesting renewal of the sponsor and tenant based programs and additional funds for the project based program. 10C - CONTRACT FOR LEGAL SERVICES WITH LANE POWELL SPEARS LUBERSKY LLP IN BURLINGTON ENVIRONMENTAL. INC. V. CITY OF BREMERTON (#AB01-111): Paula Johnston, Deputy City Clerk, stated that the City of Bremerton has been in litigation with Burlington Environmental, Inc. regarding a Business/Occupation Tax dispute for utility taxes owed from 1996 through 2000. Burlington was prime contractor at PSNS for hazardous waste collection during this time frame, generating about $6 million over the last four years. The City was successful in having the case remanded back to the City for proper administrative review. Attorney Steve Reich has withdrawn from this case. Ms. Ada Ko, of LANE POWELL SPEARS LUBERSKY, is a skilled tax attorney who represented the City of Seattle for nine years in Business/Occupation Tax litigation before joining LANE POWELL SPEARS LUBERSKY. Staff recommends that Ms. Ko be retained as counsel to bring this tax case to a successful conclusion. There were no comments from the public. Mr. Esser expressed concerns over the lack of a legal opinion on this particular case, and asked if the firm would consider taking on the case under a contingency fee basis. Mr. Reed requested if there is no time-sensitivity, that this item be tabled for one-week so that Council could schedule an Executive Session to continue discussion. TAPE #1770 City Council Reg. Mtg. Minutes May 23, 2001 Page 4 of 5 Mr. Younger asked if an assessment has been made of the City's B&O Tax. Ms. Johnston stated that an assessment has been made but a tax audit has not been done. It was explained that before a tax audit can be performed, an attorney must be available to provide assistance in dealing with legal matters and to craft the audit. She further stated that there was time-sensitivity involved due to Statute of Limitations on Revenue Recognition. David St. Pierre clarified that even if provided a fully staffed Legal Department, a tax attorney would still be required given the specific nature of this case. Mr. Esser supported tabling this item for one week, scheduling an Executive Session, and locating funds to adequately cover legal costs involved. #1703 M/S/C/U (Reed/Olsen) Move to table this item for one week. 10D - BID AWARD RECOMMENDATION FOR GORST CREEK STREAM RESTORATION PROJECT (#AB01-112): Bill McKinney, Forestry Manager, mentioned that the call for bids for the above project was prepared, advertised, distributed, and received in accordance with City bid procedures. Bidders were pre-qualified for in-stream work. Seven bids were received and Grade, Inc. was the lowest responsive bidder with a bid of $323,503.93 including sales tax. This contract provides for construction of a new functional stream channel with backwaters, partial demolition, and filling of the existing concrete channel, and diversion of stream flow into the new channel in accordance with contract specifications, hydraulic permit requirements, and bid schedule items 1 through 5. He noted this project was given very high priority of the Salmon Restoration List. There were no comments from the public. Mr. Esser asked if this company has previous habitat restoration experience. Mr. McKinney responded yes, and referenced other municipal entities that have used their services. It was added that the Salmon Funding Recovery Board was providing $368,000. #2070 M/S/C/U (Reed/Olsen) Move to accept bid in the amount of $323,503.93 for bid schedule items 1 through 5, and authorize the Mayor to execute contract for Gorst Creek stream restoration with Grade, Inc. 10E- COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY AND THE BREMERTON POLICE OFFICER'S GUILD: AND BUDGET ADJUSTMENT NO. 2001-10 (#AB01-113): Carol Conley, Human Resources Manager, announced that pursuant to RCW 41.56, negotiations have concluded between representative of the City and Bremerton Police Officer Guild (BPOG) resulting in the attached Collective Bargaining Agreement (CBA). These negotiations have been discussed with Council in Executive Session. This CBA replaces the current agreement that expired on December 31, 2000. The new CBA's term is for two years, beginning on January 1, 2001 and ending December 31, 2002. The agreement has been ratified by the BPOG's membership on May 10, 2001. Council approval is required to implement the agreement, and a budget adjustment will be necessary to fund this agreement in an amount of $144,000. There were no comments from the public. Mr. Esser asked if the funds from the CBA are approximately the same as the last time the CBA was approved. MS. Conley responded that this year they are asking for approval of the Budget Adjustment at the same time as approval of the Bargaining Agreement. She stated that in the past, Council heard the Bargaining Agreement and Budget Adjustment at different times, so a difference in amounts may have been possible. TAPE #1770 City Council Reg. Mtg. Minutes May 23, 2001 Page 5 of 5 #2225 M/S/C/U (Arends/Reed) Move to approve the Collective Bargaining Agreement by and between the City and the Bremerton Police Officer's Guild, January 1, 2001 through December 31, 2002, and make the necessary Budget Adjustment No. 2001-10. 11A- EMERGENCY ORDINANCE NO. 4763. DECLARING AN EMERGENCY; APPROVING PURCHASE OF REPLACEMENT ELECTRICAL CONTROL SYSTEM FOR WASTEWATER PUMP STATION CW-1; AND WAIVING BID PROCEDURES (#AB01-114): John Poppe, Wastewater Manager, stated that a declaration of an emergency is required for the emergency replacement, repair and clean-up of electrical control systems for the pumping system at Wastewater Pump Station CW-1 due to electrical failure. The action before the City Council is approval of emergency Purchase Orders for NorthCoast Electric Company in the amount not to exceed $20,000, for the replacement, repair and clean up of failed electrical systems at Wastewater Pump Station CW-1. Staff recommends approval of these emergency Purchase Orders and declaration of an emergency. Passage of the emergency ordinance requires a vote of one more than a majority of the Council. This structure fire occurred on May 21, 2001, and the system was down for approx. 5 hours. There were no comments from the public. #2344 M/S/C/U (Olsen/Reed) Move to pass on one reading Ordinance No. 4763, declaring an emergency. #2370 M/S/C/U (Arends/Reed) Move to approve an emergency Purchase Order for NorthCoast Electric Company in an amount not to exceed $40,000. #2395 M/S/C/U (Younger/Reed) Move to approve an emergency Purchase Order for Custom Controls in an amount not exceed $20,000. With no regular Council business, the meeting adjourned at 6:40 P.M. Council then reconvened in the Conference Room for a Study Session to discuss "COMPUTER HARDWARE AND SOFTWARE ACQUISITION". Prepared and Submitted by: LORI SMITH, Legislative Assistant Attest: PAULA JOHNSTON, Deputy City Clerk JOHN LAW, City Council President City of Bremerton JL/PJ/Is/cge c: Normal Distribution; File AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: OF-2 TO MANETTE TREATMENT FOR AGENDA OF: June 20, 2001 PLANT CONVEYANCE IMPROVEMENTS, ORIGINATING DEPT: PW&U Engineering Div. CONTRACT CHANGE ORDER AUTHORIZATION. ORIGINATOR: Jennifer Strehler, City Engineer~{'~Z~ DATE SUBMITTED: June 4, 2001 2. CLEARAN .CES: (comment on bac ' . EXHIBITS Director, Public Works/Utilities Assistant City Attorney A. Change Order No. 1. City Treasurer ' ~ Director, Purchasing ~.~<~_~" ~ Councd Budget & F~nance Comm~tt%e.~ .... j ~ /q .... ,~. ,~,,~_w~ Operations Committee ~.~/~:~.¥~~~ ~ ~-~ ~?~' MAYOR ~ ~, ~ COUNCm PRESIDENT,f)¢:~,_ /~'-//~ ~ ~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACT~ION: .Contract Change Order No. 1 has been negotiated with Stan Palmer Construction to provide reimbursement for all reasonable and properly documented charges for additional work to the OF-2 Manette Treatment Plant Conveyance Improvements due to unforeseen complications in the course of the Lebo CSO Project. Contract Change Order No. 1 also includes a reckoning (including increases and decreases) for specific bid item quantity work. The amended contract amount is $617,473.11. The request before the City Council is to authorize the Mayor to execute Contract Change Order No. 1 to the OF-2 to Manette Treatment Plant Conveyance Improvement contract with Stan Palmer Construction in an amount of $60,442.11. Staff recommends approval of this execution and authorization. 8. RECOMMENDATION: Move to authorize the Mayor to execute Contract Change Order No. 1 to the OF-2 to Manette Treatment Plant Conveyance Improvement contract with Stan Palmer Construction in an amount of $60,442.11. 9. RESPONSIBLE OFFICIAL: City Engineer ENFORCEMENT OFFICIAL: N/A EXPIRATION DATE: REVIEW DATE: 10. NOTICE OFACTION PULLED TABLED APPROVED DISAPPROVED COUNCIL DIRECTIVE 11. AGENDA BILL NO: 01- -7 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: The City risks receiving a claim from the contractor for non-payment. 6. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: This project is part of the CSO Capital Program and is funded by a Public Works Trust Fund (PWTF) loan. The additional cost of the project (from Change Order No. 1) reduces the remaining amount of the PWTF loan that is available for future projects. 7. RESEARCH SOURCES Not Applicable. ab, 2001 Agenda Bills, Change Order No. 1, OF2, 64-01 CITY OF BREMERTON CHANGE ORDER Page 1 of 2 Contract Change Order No. 1 Project Name OF 2 to Manette Treatment Plant Orig. Contract Amt. $ 557,031.00 Days 6~2 Conveyance Improvement Project No. V0269206 Prev. Appvd. Changes $ O Days O Contractor Stan Palmer Construction, Inc. This Change $ 60,442.11 Days 17.0 Revised Contract Amt. $ 617,473.11 Days 79.0 This Change Order covers changes to the subject contract as described herein. The Contractor shall construct, furnish equipment and materials, and perform all work as necessary or required to complete the Change Order Items for a lump sum price agreed upon between the Contractor and the City of Bremerton. Description of Changes Increase in (Decrease) Contract Contract in Contract Time Amount Amount Extension (9) ($) (days) Extra Work Items X-1. Install 18-inch PVC pipe and two 48-inch manholes to reconnect existing 18-inch Storm Sewer between MH 3 and MH 4. $19,045.00 3.0 X-2. 24-inch DI siphon bypass. $20,064.00 4.0 X-3. Replace unsuitable material (STA 2+00 to 2+36). $2,932.00 0.5 X-4. Replace unsuitable material (STA 2 + 00 to 2 + 36, STA 2+70 to 3+18, STA 4+46 to 5+12, and STA 5+56 to 5+64). 98,334.00 1.0 X-SA. 2-inch and 3-inch water lines and % inch electrical conduit to flag pole. 92,985.00 X-7. Install 18-inch PVC siphon by MH 6. $14,627.00 X-8. Repair unmarked Storm Sewer near MH 7 at STA 8 + 30. 9485.00 X-9 & X-11. Extra mobilization from Phase II to Phase I. $3,429.00 0.5 X-12. Add MH 14 (OF 2). 935,208.00 3.0 X-l§. Subgrade regrading without CSBC. 92,385.00 X-16. Raise existing manhole structures to grade (part of X-l, X-2, and X-7). 92,171.00 X-18. Slope regrading. 92,095.00 0.5 Extra-Work Subtotal $113,760.00 12.5 CITY OF BREMERTON CHANGE ORDER Page 2 of 2 Project Name OF 2 to Manette Treatment Plant Conveyance Improvement Project No. V0269206 Contractor Stan Palmer Construction, Inc. Contract Change Order No. I continued Bid Items Bank Run Gravel for Trench Backfill $11,495.20 Structure Excavation Class B, Incl. Haul 3105.60 Shoring or Extra Excavation Class B $154.40 Crushed Surfacing Base Course $620.40 Pavement, Sidewalk, and Driveway Removal $8,634.60 Concrete Pipe Anchor with Drain 93,629.99 Abandon Existing Manhole or Structure with CDF 92,800.00 Connect Existing Pipe/Lateral to New Sanitary Sewer 91,400.00 Asphalt Concrete Class B for Trench 96,924.00 Cement Concrete Pavement 919,059.60 Cement Concrete Driveway/Sidewalk 91,350.00 30-inch Diameter Reinforced Concrete Pipe 9607.50 42-inch Diameter Reinforced Concrete Pipe 9147.00 36-inch Diameter Reinforced Concrete Pipe $351.00 Sawcutting 93,925.00 Seeding and Fertilizing 93,000.00 Paid Bid Item Extras through Force Account Item 927,416.90 Unused Balance in Force Account Item 947,583.10 Bid Items Subtotal $42,943.20 $96,261.09 0.0 Bad Weather Days 415 Total $156,703.20 $96,261.09 17.0 Net change in contract amount Increase or (decrease) $60,442.11 The undersigned Contractor approves the foregoing Change Order as to the changes, if any, in the contract price specified for each item including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work on account of said Change Order. The Contractor agrees to furnish all labor and materials and perform all other necessary work, inclusive of the directly or indirectly related to the approved time extension, required to complete the Change Order items. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that the Change Order shall be effective when approved by the City of Bremerton. ~:~nd~.~~~/~y__ / .' -,. Engineer Date: :~-~tractor Date: ,~C~,-c/£ .Approved: ~//× /Mayor Date: AGENDA BILL BRP/~ERTON CITY COUNCIL 1. SUBJECT: An ordinance amending FOR AGENDA OF: June ~, 2001 existing gambling tax rates and ORIGINATING DEPT: Admin. Service~l/ establishing a new tax rate for ORIGINATOR: Paula Johnstonl~ house banked card games DATE SUBMITTED: June 6, 2001 2. CLEARANCES: (comment on back 3. EXHIBITS: if necessary) BMC Chapter 3.72 Admin. Svcs.-~~~ RCW 9.46.110 ~$~ity Attorney ~~L--~ _ Od['~D,~¢~ Fiscal/Budget -~~~'~--,-r~__- - Operations W~~ ENDORSEMENT Y' INFORMATION__ APPROVED BY COUNCIL PRESIDENT~~ITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Currently the City gambling tax code does not provide for house banked card games. It is being proposed that we adopt the same taxing scheme and tax rate that Kitsap County has implemented. The tax rate would be 2% of the gross receipts generated from house banked card games. On average a casino that offers house banked games can generate between $30,000 and $50,000 per year in tax revenue using the 2% rate. Also included in this amending ordinance are housekeeping changes to gambling rates for non-profit organizations who offer bingo, raffles and pulltabs pursuant to changes in RCW 9.46. 8. RECOMMENDATION: g Move to pass Ordinance No. 47~ on second reading. 9. RESPONSIBLE OFFICIAL: Admin. Services ENFORCEMENT OFFICIAL: Admin. Services EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED~AM~ COUNCIL DIRECTIVE: DATE: 11. AGENDA BILL NO: 2. CLEARANCE COMMENTS (cont.): 4. SUMMARY STATEMENT (cont.): 5. IMPACT ON NON-PASSAGE: House banked card room activity will not have a taxing scheme. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES N/A 7. RESEARCH SOURCES: AN ORDINANCE amending existing gambling tax rates pursuant to RCW 9.46 and establishing a new tax rate for house banked card games and amending Chapter 3.72 Gambling Tax of the Bremerton Municipal Code. Section 1. Amendment. Section 3.72.020 of the Bremerton Municipal Code is hereby amended to read as follows: 3.72.020 PERSONS SUBJECT TO TAX - TAX RATES. There is levied upon all persons, associations, and organizations conducting or operating within this jurisdiction any of the activities listed below, a tax in the following amount to be paid to the city: (a) Bingo, in the amount of the gross receipts therefrom, less the amount of money paid in cash and amounts paid for merchandise which are actually awarded as prizes during the taxable period, multiplied by the rate of five percent ~:~'- +~'~ c, ...... ,s. ...... d '~^" .......:"~: .... (b) Raffles, in the amount of the gross receipts therefrom, less the amount of money paid in cash and amounts paid for merchandise which are actually awarded as prizes during the taxable period, multiplied by the rate oft~mfive percent. No tax shall be imposed on the first $10,000 gross receipts less the amount awarded as cash or merchandise prizes from raffles conducted by any bona fide charitable or nonprofit organization as defined in Chapter 9.46 RCW; (c) Amusement games, in the amount sufficient to pay the actual costs of enforcement of the provisions of this chapter, which shall not exceed the amount of the gross receipts therefrom, less the amount of money paid in cash and amounts paid for merchandise, which are actually awarded as prizes during the taxable period, multiplied by the rate of two percent; (d) Charitable organizations, no tax shall be imposed under the authority of this chapter on bingo, raffles or amusement games when such activities or any combination thereof are conducted by any bona fide charitable or nonprofit organization, as defined in Chapter 9.46 RCW n..A'~.v.v~vt~,a°at~x ---.-..~hleh organization has not paid operating or management personnel and has gross income from bingo, raffles or amusement games, or any combination thereof, not exceeding five thousand dollars per year less the amount paid for as prizes; (e) Fishing derbies, in the amount of the gross receipts therefrom, less the amount of money paid in cash and amounts paid for merchandise which are actually awarded for prizes during the taxable period, multiplied by the rate of ten percent; (f) Any punchboards or pull-tabs, any organization qualifying as a bona fide charitable or nonprofit organization pursuant to the provisions of Chapter 9.46 and any person, association or organization who desires to utilize punchboards or pull-tabs as a commercial stimulant pursuant to RCW Chapter 9.46 shall make such intention known to the city treasurer, ~d~...~"' .~..-~--:~ *^.~ ~.~ ,-~.,":"' --~"-'~ *~'~-~-.~.~ .~ :~ (1) Any organization pursuant to the provisions of Chapter 9.46 RCW and any person, association or organization who desires to utilize punchboards or pull-tabs as a commercial stimulant pursuant to Chapter 9.46 RCW shall remit to the City of Bremerton and there is hereby levied an excise or tax computed at the rate of four (4) percent based upon the gross income received in the conduct of such activity, computed bY multiplying the number of chances played on said board or pull-tab times the price or value of each individual chance for play. (2) Any organization gualifying as a bona fide charitable or non-profit organization pursuant to the provisions of Chapter 9.46 RCW, who desires to utilize punchboards or pull-tabs Gambling Tax.ord Pagel i3 pursuant to Chapter 9.46 RCW shall remit to the Ci_ty of Bremerton and there is hereby levied an excise or tax computed at the rate often percent (10%) based on gross receipts from the operation of the games less the amount awarded as cash or merchandise prizes. Gross income received in the conduct of such activity, computed by multiplying the number of chances played on said board or pull-tab times the price or value of each individual chance or play. Cash or merchandise awarded is computed by the amount of cash paid or cost of merchandise awarded. (g) (1~ Car~ ~!a35ngSocial card games (player funded), in the amount of twenty percent of the gross receipts received as fees charged persons for the privilege of playing in card games; (2) Social card games (house banked) in the amount of two percent (2%) of the gross receipts received by the house from such social card games. (h) Fund-raising events, as defined by RCW 9.46.020(g-3-)33 in the amount often percent of the net receipts derived from the fund-raising event. For the purpose of this section, "net receipts" means all money received by an organization during a given period of time, less the amount of money paid out as cash prizes during the same period of time. No additional expenditures which arise from the conducting of the fund-raising event shall be deducted for purposes of reducing the gross receipts to arrive at the net receipt. Section 2. Effective Date. This ordinance shall become effective ten (10) days after passage and publication. APPROVED by the City Council of the City of Bremerton this day of ., 2001. PASSED by the City Council of the City of Bremerton this day of ., 2001. JOHN LAW, Council President Approved this day of ., 2001. LYNN S. HORTON, Mayor ATTEST: KATHLEEN L. McCLUSKEY, City Clerk Gambling Tax.ord Page2 iL~ Chapter 3.72 herein clearly indicates that they may be given some other meaning. (Ord. 3187 §l, 1974). GAl'rIB LING TAX 3.72.020 PERSONS SUBJECT TO TAX - TAX RATES. Sections: There is levied upon all persons, associations, and organizations conducting or 3.72.010 DEFINITIONS. operating w/thin this jurisdiction any of the 3.72.020 PERSOI~5 SUII~ECT TO activitie~ listed below, a tax in the following TAX - TAX RATES. mount to be paid to the ciD': 3.72.030 TAX TO BE COMPIITED (a) Bingo, in the mount of the gross AND PAID QUARTERLY - receipts therefrom, less the amount of money paid EXCEPTIONS. in cash and amounts paid for merchandise wh/ch 3.72.040 ADMINISTRATION AND are actually awarded as prizes during the taxable COLLECTION OF TAX. period, multiplied by the rate of five percent for 3.72.050 METHOD OF PAYMENT. the first ten thousand dollars received in one year; 3.72.060 FAILURE TO MAKE ten percent of any receipts over ten thousand TI3elELY PAYMENT OF dollars; TAX OR FEE. (b) Raffles, in the amount of the gross 3.72.070 NOTICE OF INTENTION receipts therefrom, less the amount of money paid TO ENGAGE IN ACTMTY in cash and mounts paid for merchandise which TO BE FILED. are actually awarded as prizes during the taxable 3.72.080 RECORDS REQIIIRED. period, multiplied by the rate of ten percent; 3.72.090 OVERPAYMENT OR (c) Amusement games, in the amount UNI)ERPAYMENT OF sufficient to pay the actual costs of enforcement of TAX. the provisions of this chapter, which shall not 3.72.100 FAILURE TOMAKE exceed the amount of the gross receipts RETIJRaN. therefrom, less the amount of money paid in cash 3.72.110 TAX ADDITIONAL TO and amounts paid for merchancLise, which are OTItERS. actually awarded as pr/zes during the taxable 3.72.120 CITY TREASURER TO period, multiplied by the rate of two percent; MAKE RI J-LES. (d) Charitable organizations, no tax shall 3.72.130 T.akKES, PEN.~TIES AND be imposed under the authority, of this chapter on FEES CONSTITUTE DEBT bingo, raffles or amusement games when such TO i~I/NICII~AL1TY, acti,rities or any combination thereof are 3.72.140 LI1VIITATIONONRIGItT conducted by any bona fide char/table or TO RECOVERY. .nonprofit organization, as defined, in RCW 3.72.150 EFFECTIVE DATE OF 9.46.020(3), which organization has not paid T&X.. operating or management personnel and has 3.72.160 VIOLATION- PENALTIES. gross income from bingo, raffles or amusement games, or any combination thereof, not exceeding 3.72.010 DEFINITIONS. five thousand dollars per )-ear less the amount For the purposes of this chapter, the paid for as prizes; words and terms used shall have the same (e) Fishing derbies, in the amount of the meaning as each has under Chapter 218. Laws of gross receipts therefrom, less the amount of 1973, First Extraordina.D' Session and Chapter money paid in cash and amounts paid for 9.46 RCW, each amended, and under the rules of merchandise which are actually awarded for the Washington State Gambling Commission, prizes during the taxable period, multiplied by the Chapter 230, WAC, un/ess othemrise specifically rate often percent; provided or the contem in which they are used (f) Any punchboards or pull-mbs, any 3-3l organization qualifying as a bona fide charitable taxable acti,Aty on a regular basis discontinues or nonprofit organization pursuant to the operation of that taxable activity, for a period of provisions of Chapter 9.46 and any person, more than three consecutive weeks, or quits association or organization who desires to utilize business, sells out. or otherwise disposes of its punchboards or pull=tabs as a commercial business or terminates the business, any tax due stimulant pursuant to RCW Chapter 9.46 sba/1 hereunder shall become due and payable, and make such intention known to the city treasurer, such taxpayer shall, within ten days thereafter, and shall remit to the city and there is levied an make a return and pay the tax due. excise or tax computed at the rate of four percent, (2) Whenever it appears to the city based on the gross income received in the conduct treasurer that the collection of taxes from any of such activity, computed by multiplying the person, association or organization may be in number of chances played on said board or jeopardy, the city treasurer, after not less than pull-tab times the price or value of each thirty days' notice to the taxpayer, is authorized to individual chance or play; require that taxpayer to remit taxes and returns at (g) Card playing, in the mount of such shorter imervals than quarterly or annually, twenty percent of the gross receipts received as as the city treasurer shall deem appropriate under fees charged persons for the privilege of playing the circumstances. in card games; (3) There shall be allowed as a deduction Ch) Fund-raising events, as defined by for the various taxes imposed by this chapter an RCW 9.46.020(23) in the mount of ten percent amount equal to the amount of bad debts suffered of the net receipts derived from the fund=raising by any such person, association or organization event. For the purpose of this section, "net engaged in such activity as a result of their being receipts" means all money received by an unable to collect gambling debts. Such deduction organization during a given period of time, less shall be allowed to be computed and taken on the the amotmt of money pa/d om as cash prizes tax return for the fourth quarter of each calendar during the same period of time. No additional year. Such deduction shall not be allowed unless expenditures wkich arise from the conducting of the person, association or organization engaging the fund-raising event shall be deducted for in such activities shall first cause to be prepared purposes of reducing the gross receipts to arrive and filed v,'ith said fourth quarter tax return an at the net receipt. (Ord. 3924 ~; 1, 1984; Ord. 3187 affidavit, in form satisfactory, to the city treasurer, §2, 1974). setting forth the amount of bad debts suffered by such person, association or organization. (Ord. 3.72.030 TAX TO BE COlVlPUTED 3377 §1, 1977; Ord. 3187 §3 1974). AND PAID QUARTERLY - EXCEPTIONS. 3.72.040 ADMINISTRATION AND Each of the various taxes imposed by COLLECTION OF th. is chapter shall be computed on the basis of Administration and collection, of the activity during each calendar quarter year, shall various taxes imposed by th.is chapter shall be the be due and payable in quarterly installments, and responsibility of the city treasurer. Remittance of remittance therefor, together w/th return forms, the amount due shall be accompanied by a shall be made to the city., on or before the last day completed return form prescribed and provided by of the month next succeeding the quarterly period the city treasurer. The tax'payer shall be required in which the tax accrued, that is, on Janua.D' 31st, to swear and affirm that the information given in April 30th, July 31st, and October 31st of each the return is true, accurate, and complete. year;- provided, that the following exceptions to The city treasurer is authorized, but not this payment schedule shall be allowed, or required, to mail to taxpayers forms for returns. required: Failure of the taxpayer to receive such a form (1) Except as provided in (2) below, shall not excuse a taxpayer from malting the whenever any person, association or organization return and timely pa~Sng all taxes due. The city taxable hereunder conducting or operating a treasurer shall make forms available to the public 3-32 in reasonable numbers in the office of the city treasurer during regular business hours. 3.72.070 NOTICE OF 12NTENTION In addition to the return form, a copy' of TO ENGAGE IN ACTIVITY the taxpayer's quarterly report to the Washington TO BE FILED. State Gambling Commission required by WAC In order that the city may identify those 230-08 for the period in which the tax accrued, persons who are subject to taxation under this shall accompany remittance of the tax amount chapter each person, association or organization due.(Ord. 3187§4, 1974). shall file with the city treasurer a sworn declaration of intent to conduct an activity taxable 3.72.050 METttOD OF PAYMENT. under tiffs chapter u~n a form to be prescribed Taxes payable hereunder shall be by the city treasurer, together with a copy of the remitted to the city treasurer on or before the t/me license issued therefor by the Washington State required by bank draft, certified check, cashier's Gambling Commission. The filing shall be made check, personal check, money order, or in cash. If not later than ten days prior to conducting or payment is made by draft or check, the tax shall operating the th,cable activity< No fee shall be not be deemed paid until the draft or check is charged for such filing, which is not for the honored in the usual course of business, nor shall purpose of regulation of this activity but for the the acceptance of any sum by the city treasurer be purposes of administration of this ta,'dng an acquittance or discharge of the tax unless the ordinance only. amount paid is the full amount due. The return, Failure to timely file shall not excuse any and copy of quarterly report to the Washington person, association or organization from any tax State Gambling Commission, shall be filed in the liability. (Ord. 3187 §7, 1974). office of the city treasurer after notation by that office upon the return of the amount actually 3.72.080 RECORDS REQIJIRED. received from the taxpayer. (Ord. 3187 §5, (a) Each person, association, or 1974). organization engaging in an activity under tiffs chapter shall maintain records respecting that 3.72,060 FAILURE TO [Vh, kKE activity which truly, completely and accurately TI/VI'ELY PAYMENT OF disclose all information necessary, to determine TAX OR FEE. the taxpayer's mx liability hereunder during each If full payment of any tax due under tiffs base tat period. Such records shall be kept and chapter is not received by the city treasurer on or maintained for a period of not less than three before the date due, there shall be added to the years. In addition, all information and. items amount due a penalty fee as follows: required by the Washington State Gambling 1 - 30 days, 10% of tax due, minimum Commission under WAC 230-08, and the United penal.ty of $3.00; States Internal Revenue Service respecting 31 -60 days, 15% oft ax due, minimum taxation, shall be kept and maintained for the penalty, of $4.00; periods required by those agencies. 61 or more days, 20% of tax due, (b) Ail books, records, and other items minimum penally of $5.00. In addition to tiffs required to be kept and maintained under this penalty, the city treasurer may charge the section shall be subject to. and immediately made taxpayer interest of one percent of all taxes and available for, inspection and audit at any time, fees due for each thirty-day period or portion with or without notice, at the place where such thereof that said amounts are past due. records are kept, upon demand by the city -- - Failure to make paymentinfullofalltax treasurer or his designees, for the purpose of amounts and penalties with. in sixty days following enforcing the provisions of this taxing ordinance. the day the tax amount initially became due, shall (c) Where a taxpayer does not keep all of be both a civil and a criminal violation of tiffs the books, records or items required to be kept or section. (Ord. 3894 §1, t984; Ord. 3187 §6, maintained under this section in t h is jurisdiction 1974). so that the city u-easurer may examine them 3-33 conveniently, the taxpayer shall either: over all amounts due to the city with. in such (1) Produce all o£ the required period of three years shall be credited to the books, records, or items within this jurisdiction taxpayer's account or shall be credited to the for such inspection within seven days following a taxpayer at the taxpayer's option. No refund or request oft he local official that he do so; or credit shall be allowed with respect to the city (2) Bear the actual cost of treasurer more than three years before the date of inspection by the city treasurer or his designee, at such application or examination; the location at which such books, records or items (2) A tax or other fee has been paid are located; provided, that a taxpayer choosing to which is less than that properly due, or no tax or bear these cos/s shall pay in advance to the city other fee has been paid, the city treasurer shall treasurer the estimated cost thereof, including, mail a statement to the taxpayer showing the but not limited to round-trip fare by the most balance due, including the tax amount or penalty rapid means, lodging, meals, and incidental assessments and fees, and it shall be a separate, e.xpenses. The actual amount due or to be additional violation of this chapter, both civil and refunded for expenses shall be determined criminal, if the taxpayer fails to make payment in following said examination of the records, full within ten calendar days of such mailing. (d) A taxpayer who fails, neglects or (Ord. 3187 §9, 1974). refuses to produce such books and records either within or without this jurisdiction, in addition to 3.72.100 FAILURE TO MAKE being subject to other civil and criminal penalties RETURN, provided by this chapter, shall be subject to a If any taxpayer fails, neglects or refuses jeopardy fee or tax assessment by the city to make and file his return as and when required treasurer, under this chapter, the city treasurer is authorized (e) This penalty fee or jeopardy to determine the amount of tax payable, together shall be deemed prima facie correct with any penalty and/or interest assessed under ( assessment and shall be the amount of fee or tax owing the the provisions of this chapter, and by mail to city. treasurer ID' the taxpayer unless he can prove notify, such taxpayer of the amount so determined, otherwise by competent evidence. The taxpayer which amount shall thereupon become the tax shah be notified by mail by the city. treasurer of and penalty, and/or interest and shall become the amount of tax so determined by jeopardy immediately due and payable. (Ord. 3187 ~10, assessment, together ~vith any penal.t7 and/or 1974). interest, and the total of such amounts shall thereupon become immediately due and payable. 3.72.110 TAX ADDITIONAL TO (Ord. 3187 §8, 1974). OTI!IERS. The mx herein levied shall be additional 3.72.090 OVERPAYMENT OR to any license fee or tax imposed or levied under UNDERPAYMENT OF any law or any other ordinance of Bremenort, TAX. except as herein othenvise expressly provided. If, upon application by a taxpayer for a (Ord. 3187 ~11, 1974). refund or for an audit of Ns records, or upon any examination of the returns or records of any 3.72.120 CITY TREASURER TO taxpayer, it is determined by the ci~' treasurer ~La_K.E RULES. that within three years immediately preceding The city. treasurer shall have the power, receipt by the city treasurer of the application by and it shall be his dud', from time to time, to ' the taxpayer for a refund, or an audit, or, in the adopt, publish and enforce rules and regulations absence of such an application, within the three not inconsistent with this chapter or with superior years immediately preceding the commencement law, for the purpose of carrying out the provisions by the city. treasurer of such examination: hereof, and it shall be unlawful to violate or fail (1) A tax or other fee has been paid in to comply ,a'ith any such rule or regulation. (Ord. excess of that properly due, the total excess paid 3187 {} 12. 1974). (,.. 3-34 3.72.130 TAXES, PENALTIES AND FEES CONSTITUTE DEBT TO MUNICIPALITY. Any tax due and unpaid under this chapter and all penalties or fees shall constitute a debt to the city, a municipal corporation, and may be collected by court proceedings the same as any other debt ia like amount which shall be ia addition to all other existing remedies. (Ord. 3187 §13, 1974). 3.72.140 LIMITATION ON RIGHT TO RECOVERY. The fight of recovery by the city from the taxpayer for any tax provided hereunder shall be outlawed after the expiration of five calendar years from the date said tax became due. The right of recovery against the city because of overpayment of tax by any taxpayer shall be outlawed after the expiration of five calendar years from the date such payment was made. (Ord. 3670 §3, 1981; Ord. 3187 §14, 1974). 3.72.150 EFFECTIVE DATE OF TAX. This chapter shall provide for the gambling taxes mentioned here[n, to be retroactive to January I, 1975. (Ord. 3187 §17, 1974). 3.72.160 VIOLATION - PENALTIES. Anyone who violates or fails to comply with any of the provisions of this chapter shall, upon conviction, be guilty of a civil [nfl'action subject to the provisions of BMC Chapter 1.12, and each day any person shall continue to violate or fail to comply with the provisions ofttfis chapter shall be deemed and considered a separate offense. (Ord. 3894 §2, 1984; Ord. 3625 §28, 1980; Ord. 3187 §15, 1974). (4733, Amended, 11/30/2000; 4680, Amended, 12/17/1999) 3-35 REVISED CODE OF WASHINGTON Page 1 of 3 RCW 9.46.110 Taxation of gambling activities -- Limitations -- Restrictions on punch boards and pull-tabs -- Lien. (1) The legislative authority of any county, city-county, city, or town, by local law and ordinance, and in accordance with the provisions of this chapter and rules adopted under this chapter, may provide for the taxing of any gambling activity authorized by this chapter within its jurisdiction, the tax receipts to go to the county, city-county, city, or town so taxing the activity. Any such tax imposed by a county alone shall not apply to any gambling activity within a city or town located in the county but the tax rate established by a county, if any, shall constitute the tax rate throughout the unincorporated areas of such county. (2) The operation of punch boards and pull-tabs are subject to the following conditions: (a) Chances may only be sold to adults; (b) The price of a single chance may not exceed one dollar; (c) No punch board or pull-tab license may award as a prize upon a winning number or symbol being drawn the opportunity of taking a chance upon any other punch board or pull-tab; (d) Ail prizes available to be won must be described on an information flare. Ail merchandise prizes must be on display within the immediate area of the premises in which any such punch board or pull-tab is located. Upon a winning number or symbol being drawn, a merchandise prize must be immediately removed from the display and awarded to the winner. Ail references to cash or merchandise prizes, with a value over twenty dollars, must be removed immediately from the information flare when won, or such omission shall be deemed a fraud for the purposes of this chapter; and (e) When any person wins money or merchandise from any punch board or pull-tab over an amount determined by the commission, every licensee shall keep a public record of the award for at least ninety days containing such information as the commission shall deem necessary. (3) (a) Taxation of bingo and raffles shall never be in an amount greater than five percent of the gross receipts from a bingo game or raffle less the amount awarded as cash or merchandise prizes. (b) Taxation of amusement games shall only be in an amount sufficient to pay the actual costs of enforcement of the provisions http://search.leg.wa.gov/wslrcw/RCW%20.../RCW%20%20%209%20.%2046%20.110.ht 06/02/2001 REVISED CODE OF WASHINGTON Page 2 of 3 of this chapter by the county, city or town law enforcement agency and in no event shall such taxation exceed two percent of the gross receipts from the amusement game less the amount awarded as prizes. (c) No tax shall be imposed under the authority of this chapter on bingo or amusement games when such activities or any combination thereof are conducted by any bona fide charitable or nonprofit organization as defined in this chapter, which organization has no paid operating or management personnel and has gross receipts from bingo or amusement games, or a combination thereof, not exceeding five thousand dollars per year, less the amount awarded as cash or merchandise prizes. (d) No tax shall be imposed on the first ten thousand dollars of gross receipts less the amount awarded as cash or merchandise prizes from raffles conducted by any bona fide charitable or nonprofit organization as defined in this chapter. (e) Taxation of punch boards and pull-tabs for bona fide charitable or nonprofit organizations is based on gross receipts from the operation of the games less the amount awarded as cash or merchandise prizes, and shall not exceed a rate of ten percent. At the option of the county, city-county, city, or town, the taxation of punch boards and pull-tabs for commercial stimulant operators may be based on gross receipts from the operation of the games, and may not exceed a rate of five percent, or may be based on gross receipts from the operation of the games less the amount awarded as cash or merchandise prizes, and may not exceed a rate of ten percent. (f) Taxation of social card games may not exceed twenty percent of the gross revenue from such games. (4) Taxes imposed under this chapter become a lien upon personal and real property used in the gambling activity in the same manner as provided for under RCW 84.60.010. The lien shall attach on the date the tax becomes due and shall relate back and have priority against real and personal property to the same extent as ad valorem taxes. [1999 c 221 § 1; 1997 c 394 § 4; 1994 c 301 § 2; 1991 c 161 § 1; 1987 c 4 § 39. Prior: 1985 c 468 § 2; 1985 c 172 § 1; 1981 c 139 § 8; 1977 ex.s. c 198 § 1; 1974 ex.s. c 155 § 8; 1974 ex.s. c 135 § 8; 1973 1st ex.s. c 218 § 11.] NOTES: Effective date -- 1999 c 221: "This act takes effect January 1, 2000." [1999 c 221 § 2.] Severability -- 1981 c 139: See note following RCW 9.46.070. http://search.leg.wa, gov/wslrcw/RCW%20.../RCW%20%20%209%20.%2046%20.110.ht 06/02/2001 WA ST 9.46.110 Page I of 4 West's RCWA 9.46.110 WEST'S REVISED CODE OF WASHINGTON ANNOTATED TITLE 9. CRIMES AND PUNISHMENTS CHAPTER 9.46. GAMBLING--1973 ACT Copr. © West Group 2001. All rights reserved. Current through End of 2000 Second Special Session 9.46.110. Taxation of gambling activities--Limitations--Restrictions on punch boards and pull-tabs--Lien (1) The legislative authority of any county, city-county, city, or town, by local law and ordinance, and in accordance with the provisions of this chapter and roles adopted under this chapter, may provide for the taxing of any gambling activity authorized by this chapter within its jurisdiction, the tax receipts to go to the county, city-county, city, or town so taxing the activity. Any such tax imposed by a county alone shall not apply to any gambling activity within a city or town located in the county but the tax rate established by a county, if any, shall constitute the tax rate throughout the unincorporated areas of such county. (2) The operation of punch boards and pull-tabs are subject to the following conditions: (a) Chances may only be sold to adults; (b) The price of a single chance may not exceed one dollar; (c) No punch board or pull-tab license may award as a prize upon a winning number or symbol being drawn the opportunity of taking a chance upon any other punch board or pull-tab; (d) All prizes available to be won must be described on an information flare. All merchandise prizes must be on display within the immediate area of the premises in which any such punch board or pull-tab is located. Upon a winning number or symbol being drawn, a merchandise prize must be immediately removed from the display and awarded to the winner. All references to cash or merchandise prizes, with a value over twenty dollars, must be removed immediately from the information flare when won, or such omission shall be deemed a fraud for the purposes of this chapter; and (e) When any person wins money or merchandise from any punch board or pull-tab over an amount determined by the commission, every licensee shall keep a public record of the award for at least ninety days containing such information as the commission shall deem necessary. (3)(a) Taxation of bingo and raffles shall never be in an amount greater than five percent of the gross receipts from a bingo game or raffle less the amount awarded as cash or merchandise prizes. (b) Taxation of amusement games shall only be in an amount sufficient to pay the actual costs of enforcement of the provisions of this chapter by the county, city or town law enforcement agency and in no event shall such taxation exceed two percent of the gross receipts from the amusement game less the amount awarded as prizes. (c) No tax shall be imposed under the authority of this chapter on bingo or amusement games when such activities or any combination thereof are conducted by any bona fide charitable or nonprofit organizatio, n'"[s ~d in'thi:~C~, which organization has no paid operating or management personnel and has gross receipts from~lSi~-go or amusement games, or a combination thereof, not exceeding five thousand dollars per year, less the amount awarded as cash or merchandise Prizes. (d) No tax shall be imposed on the first ten thousand dollars of gross receipts less the amount awarded as cash or merchandise prizes from raffles conducted by any bona fide charitable or nonprofit organization as defined in this chapter. (e) Taxation of punch boards and pull-tabs for bona fide charitable or nonprofit organizations is based on gross receipts from the operation of the games less the amount awarded as cash or merchandise prizes, and shall not exceed a rate often percent. At the option of the county, city-county, city, or town, the taxation of punch boards and pull-tabs for commercial stimulant operators may be based on gross receipts from the operation of the games, and may not exceed a rate of five percent, or may be based on gross receipts from the operation of the games less the amount awarded as cash or merchandise prizes, and may not exceed a rate of ten percent. (f) Taxation of social card games may not exceed twenty percent of the gross revenue from such games. (4) Taxes imposed under this chapter become a lien upon personal and real property used in the gambling activity in the same manner as provided for under RC~ ~4~6Q.Q!~. The lien shall attach on the date the tax becomes due and shall relate back and have priority against real and personal property to the same extent as ad valorem taxes. CREDIT(S) 2001 Electronic Update [1999 c 221 § 1; 1997 c 394 § 4; 1994 c 301 § 2; 1991 c 161 § 1; 1987 c 4 § 39. Prior: 1985 c 468 § 2; 1985 c 172 § 1; 1981 c 139 § 8; 1977 ex.s. c 198 § 1; 1974 ex.s. c 155 § 8; 1974 ex.s. c 135 § 8; 1973 1st ex.s. c 218 § I1.] .../text.wl?bLinkViewer=True&DB=WA%2DST%2DTOC%3BSTAWATOC&DocName=WAST9%2E46%2E 110&Fi6/6/01 WA ST 9.46.110 Page 2 o£4 <General iMaterials ~ - References, Annotations, or Tables> HISTORICAL AND STATUTORY NOTES 2001 Electronic Pocket Part Update Effective date--1999 c 221: "This act takes effect January 1, 2000." [1999 c 221 § 2.] Severability--1981 c 139: See note following Severability--1974 ex.s. c 155: See note following 1999 Legislation Laws 1999, ch. 221, § 1, in subsec. (3)(a), relating to taxation of bingo and raffles, reduced the maximum tax from 10% to 5%. 1998 Main Volume Laws 1974, £x. Sess., ch. 135, § 8, made changes identical to those made by Laws 1974, Ex. Sess., ch. 155, § 8. Laws 1974, Ex. Sess., ch. 155, § 8, substituted "any such tax imposed by a county alone shall not apply to any gambling activity within a city or town located therein but the tax rate established by a county, if any" for "the tax rate established by any county, except for any first class city located therein with respect to such city," after "Provided, That"; and substituted ", except for any city located therein with a population of twenty thousand or more persons as of the most recent decennial census taken by the federal government: Provided" for a semicolon before "Further, That". Laws 1977, Ex. Sess., ch. 198, § 1, in the next-to-last proviso, in the first grammatical clause thereof, substituted "bingo and raffles" for "bingo, raffles and amusement games"; added the last sentence thereof; and added the last proviso, excluding the final sentence of the section. Laws 1981, ch. 139, § 8, in the second proviso, in subd. (4), substituted twenty dollars for five dollars; and, at the end of the section, added ", nor shall taxation of social card games exceed twenty percent of the gross revenue from such games". Laws 1985, ch. 172, § 1, at the end of the first proviso, following "the tax rate throughout" substituted the present language for "such county including both incorporated and unincorporated areas, except for any city located therein with a population of twenty thousand or more persons as of the most recent census taken by the federal government". Laws 1985, ch. 468, § 2, in subd. (1) of the second proviso, substituted a fifty cent limit for a twenty-five cent limit. Laws 1987, ch. 4, § 39, in the first sentence, substituted "by this chapter" for "in R_~5.~.~O.O~O as now or hereafter amended" following "gambling activity authorized"; and, in the second sentence, substituted "this chapter" for "RGW 9.46.020(3)" following "organization as de£med in". Laws 1991, ch. 161, § 1, in the second sentence, in the further proviso, twice following "bingo" deleted ", raffles"; and inserted the next-to-last sentence. Laws 1994, ch. 301, § 2, added the second paragraph. Laws 1997, ch. 394, § 4, rewrote the section, which previously read: "The legislative authority of any county, city--county, city, or rowan, by local law and ordinance, and in accordance with the provisions of this chapter and roles and regulations promulgated hereunder, may provide for the taxing of any gambling activity authorized by this chapter within its jurisdiction, the tax receipts to go to the county, city-county, city, or town so taxing the same: Provided, That any such tax imposed by a county alone shall not apply to any gambling activity within a city or town located therein but the tax rate established by a county, if any, shall constitute the tax rate throughout the .../text.wl?bLinkViewer=True&DB=WA%2DST%2DTOC%3BSTAWATOC&DocName=WAST9%2E46%2E110&F 6/6/01 WA ST 9.46.110 Page 3 of 4 unincorporated areas of such county: Provided further, That (1) punch boards and pull-tabs, chances on which shall only be sold to adults, which shall have a fifty cent limit on a single chance thereon, shall be taxed on a basis which shall reflect only the gross receipts from such punch boards and pull-tabs; and (2) no punch board or pull-tab may award as a prize upon a winning number or symbol being drawn the opportunity of taking a chance upon any other punch board or pull-tab; and (3) all prizes for punch boards and pull-tabs must be on display within the immediate area of the premises wherein any such punch board or pull-tab is located and upon a winning number or symbol being drawn, such prize must be immediately removed therefrom, or such omission shall be deemed a fraud for the purposes of this chapter; and (4) when any person shall win over twenty dollars in money or merchandise from any punch board or pull- tab, every licensee hereunder shall keep a public record thereof for at least ninety days thereafter containing such information as the commission shall deem necessary: And provided further, That taxation of bingo and raffles shall never be in an amount greater than ten percent of the gross revenue received therefrom less the amount paid for or as prizes. Taxation of amusement games shall only be in an amount sufficient to pay the actual costs of enforcement of the provisions of this chapter by the county, city or town law enforcement agency and in no event shall such taxation exceed two percent of the gross revenue therefrom less the amount paid for as prizes: Provided further, That no tax shall be imposed under the authority 0fthis chapter on bingo or amusement games when such activities or any combination thereof are conducted by any bona fide charitable or nonprofit organization as defined in this chapter, which organization has no paid operating or management personnel and has gross income from bingo or amusement games, or a combination thereof, not exceeding five thousand dollars per year, less the amount paid for as prizes. No tax shall be imposed on the first ten thousand dollars of net proceeds from raffles conducted by any bona fide charitable or nonprofit organization as de£med in this chapter. Taxation of punch boards and pull-tabs shall not exceed five percent of gross receipts, nor shall taxation of social card games exceed twenty percent of the gross revenue from such games. "Taxes imposed under this chapter become a lien upon personal and real property used in the gambling activity in the same manner as provided for under RCW 84.60.010. The lien shall attach on the date the tax becomes due and shall relate back and have priority against real and personal property to the same extent as ad valorem taxes." LAW REVIEW AND JOURNAL COMMENTARIES ~ir~s~ _6J!L~r!~m~_t_.ig~_!:j~j:~_.~!~ ~...n__tista!ki:~g~_tggg_~, ~.!. ~[,k~gis, _3~ ~([9_9_5). LIBRARY REFERENCES 1998 Main Volume Gaming O~4. Municipal Corporations 0~956(3). WESTLAW Topic Nos. 188, 268. C.J.S. Gaming § 50 et seq. C.J.S. Municipal Corporations § 1978. UNITED STATES SUPREME COURT Mail fraud statute, state gambling license as property under federal law, see ~l_e.y_e_lal!d_..v.~_U_.~.~ ~_09_0~!~ S.~t:_365. NOTES OF DECISIONS Gross receipts ~ Validity ~ Validity Any license granted under the gambling act (ch. 9.46) is subject to this provision permitting a municipal tax on gambling revenues; and imposition of such a tax does not constitute an impairment of the obligation of a contract in violation of U.S.C.A. Const. Art. 1, § 10, or the S~gt.¢.~o__n~t, ~rt~ 1, § 23. Imperial Drum ~ _BBgle C~s_, Inc. ¥. CiIy of~e_attle (!9~) 14 Wash. App. 845,545 P.2d 1235. .../text.wl?bLinkViewer=True&DB=WA%2DST%2DTOC%3BSTAWATOC&DocName=WAST9%2E46%2E 110&F 6/6/01 WA ST 9.46.110 Page 4 of 4 v Gross receipts Court of Appeals did not have to defer to Gambling Commission's regulation regarding de£mition of term "gross receipts" in construing statute authorizing town to tax gross receipts from punchboards and pull-tabs, as Commission was not charged with administering town taxation ordinances and had no expertise or special competence over taxation matters. TLR, I~:c_._.y~ Tpsvn_ Term "gross receipts," within meaning of statute and town ordinance providing for taxation of gross receipts from punchboards and pull-tabs, means amount of money or value of other considerations actually received from sale of punchboards and pull-tabs and, thus, term cannot be applied to amounts of money that would have been received from sale of pull-tabs and punchboards had they not been lost or stolen. TLR. Inc. v. Town of La (?enter (1992) 68 Wash.App. 29. ~.'4_!_P..~.~_!276. West's RCWA 9.46.110 WA ST 9.46.110 END OF DOCUMENT Copr. (C) West 2oo~ No Claim to Orig. U.S. Govt. Works .../text.wl?bLinkViewer=True&DB=WA%2DST%2DTOC%3BSTAWATOC&DocName=WAST9%2E46%2E 110&F 6/6/01 Paula Johnston - Casino Zoning Page 1 I From: Chris Hugo To: Council, City; Johnston, Paula Date: 6/12/01 10:31AM Subject: Casino zoning Casinos are not a "listed use" in the BMC. That requires me to make a determination of similar use, or, if I am unable to do that or otherwise determine an unlisted use to be potentially controversial, I can refer the use to the Planning Commission to review under the special use permit process. I would likely make this determination. On the surface, and without a specific application, casinos look similar to entertainment uses allowed outright in the following zones: GB, SC, BC, and CD. That would allow casinos in all of the major commercial areas of the city, including downtown and the Charleston District. For comparison, those zones allow 'Pool/Billard Facility' and 'Drinking Place - with Entertainment.' Please let me know if I can be of further assistance on this question. Chris 5~e ' 'r , ~ ,, .... AGENDA BILL BREMERTON CItY COUNCIL f c, 1. SUBJECT: A~endment~'t to Chapter 2.04 BMC FOR AGENDA: ~U~E~,, 2001 providing for Notice of Hearings and Agendas ORIGINATING DEPT: City Council and providing for alternate meeting places for ORIGINATOR: Council President City Council DATE SUBMITTED: JUNE ~, 200~ 2. CLEARANCES: (Comment on back if necessary) 3. EXHIBITS: COUNCIL OPERATIOfNS C/OMMITTEE -Proposed Ordinance and ~~~~ -April' 9,2001 Memorandum from /ffff_~ ~ ~ ~. ~ , SpecialCounsel FISCAL ,~ BUDGET COMMITTEE ENDORSEMENT [--] INFORMATION ~] COUNCIL PRESIDENT 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Under the terms of the City Charter the City Council needs to provide for a procedure for Notice of meetings and Council Agendas. Additionally, the current BMC provision relating to special meetings requires that all meetings are to be held in Council Chambers. The Council may wish to provide for alternate meeting places, including the Council Conference Room. These changes need to be accomplished by ordinance. The current ordinance does not provide for the possible need to change the place or time of a regular Council meeting. Provision is added by the proposed ordinance to address special needs. 5. RECOMMENDATION: 6. RESPONSIBLE OFFICIAL: ENFORCEMENT TOFI~ICIAL: REVIEW DATE: 7. NOTICE OF ACTION: PULLED E~ TABLED [-] APPROVED [-~ DISAPPROVED ~ AMEND'ED'~ ~ COUNCIL DIRECTIVE: 8. AGENDA BILL NO. O~ - t~C) 2.7 9. IMPACT OF NON-PASSAGE: CITY COUNCIL WOULD NOT BE IN COMPLIANCE WITH THE CHARTER OR THE MUNICIPAL CODE AND NO PROVISION WOULD BE MADE TO ACCOMMODATE THE NEED FOR A CHANGE IN THE TIME OR PLACE OF COUNCIL MEETINGS. 10. IMPACT ON STAFFIN(J, BUDGETS, FACILITIES. EQUIPMENT OR OTHER RESOURCES: NONE 11. RESEARCH SOURCES: GUIDELINES FOR NOTICE OF AGENDAS AND SPECIAL MEETINGS BREMERTON CITY COUNCIL OFFICE JUNE 2001 1. Change of regular meeting of City Council - The City Charter requires one- week advance notice of a change in the time or place of the regular City Council meeting in the absence of an emergency. Notice of the change is to be given in the same manner as notice of the Council agenda, found in BMC 2.04.010 (b). 2. Notice of agenda and additions to agenda - The preliminary agenda for the up-coming week is to be posted in the City Council Office by 4:30 p.m. by the preceding Friday as provided in BMC 2.04.010 (b). The agenda does not have to be identified as preliminary, and no change in the current format is necessary. A stamp could be used on the posted agenda, or other notation, of the time and date of the posting. A copy of the preliminary agenda is also to be faxed to the City's official designated newspaper. Verification of receipt needs to be obtained, documented, and maintained as part of the record. Verification of receipt may be accomplished by fax machine verification or by telephone confirmation of receipt, noted on the master copy of the notice of agenda. It is recommended that faxed copies also be provided to The Patriot newspaper, community television, and other media expressing an interest. Additions to the agenda need to be noticed in the same fashion as the preliminary agenda if Council action is expected to be taken on the item. This includes motions, resolutions, rules, regulations, directives and ordinances. Informational items and others not contemplating Council action at the meeting, or at a future meeting, may be added to the agenda without notice. This exception should be used sparingly because of the broad definition of "Council action". 3. Notice of Special Meetings - Notice of Special Meetings must conform to the requirements of RCW 42.30.080 as it now exists, or is later amended. The City Council Rules and Procedures, Rule 1, Section 2, currently reflects the requirements of RCW 42.30.080. In the event of an amendment to the RCW, compliance with the new State law will be required and the Rules and Procedures will need amendment. NOTE: Rule 1, Section 2 of the Council Rules and Procedures provides for 24-hour notice of a change in the time or location of a regular Council meeting. Since the Charter requires a week advance notice of a change in the time or location of a regular Council meeting, the longer notice needs to be provided. NOTE: Rule 5, Section 1, of the Council Rules and Procedures omits New Business from the Items of Business for Regular Meetings. This is only a technicality, but should be noted for future revision of the Rules and Procedures as it is in conflict with actual practice and BMC 2.04.010 (a). AN ORDINANCE Revising Sections 2.04.010 and 2.04.020 of the Bremerton Municipal Code, Providing for Alternate Times, Locations and P,.J'b!ication Notice of Preliminary Agendas for Regular City Council Meetings; and Providing for Alternate Locations and Notice of Special Meetings. THE CITY OF BREMERTON DOES HEREBY ORDAIN: TIME, PLACE AND NOTICE OF AGENDAS OF MEETINGS SECTION 1 REVISION. Chapter 2.04 of the Bremerton Municipal Code is hereby revised to read as follows: 2,04.010. TIME AND PLACE AND NOTICE OF AGENDAS -REGULAR MEETINGS (a) The time and place of the regular meeting of the City Council required by Charter shall be each Wednesday at five-thirty p.m. at the Council Chambers, City Hall, Bremerton, Washington, unless an emergency or special circumstances require a different time or location. Notice to the public of a different time or place for holding a City Council regular meeting shall be provided at least one week in advance, except in the case of an emergency occurring less than one week prior to the regularly scheduled meeting. If a regular meeting day falls upon a legal holiday; upon the same day that either a primary or general election is held; or as approved by majority of the Council, then such regular meeting shall be rescheduled to a day during the same week following procedures for .... ~'lng ,, ...... ~, .............. ; ~ .... ~;~'-~ set forth in subsection (b), below, and providing notice at least one week in advance of the new meeting date. ThcA regular City Council meeting~ shall consist of the following sections: 1. Call to Order (Flag Salute and Invocation) 2. Consent Agenda 3. Claims/Vouchers/Warrants 4. Council Members Report 5. Mayor's Report 6. Legislative Report 7. Public Recognition 8. New Business 9. Final Reading of Ordinances and vote thereon 10. Introduction and First Reading of Ordinances 11. Reading and vote upon Resolutions 12. Public Hearings and Appeals 13. Adjournment of Meeting Any section except for 1, 7 and 13 may be omitted if there are no scheduled items for the section. (b) A preliminary agenda for a regular meeting of the City Council shall be posted in the City Council Office by 4:30 p.m. on the Friday immediately preceding the regular meeting. Copies of the preliminary agenda are to be provided to the City's official designated local newspaper, .................................................................... .~ ............... c '*',..,~ .... v..~,-..~..,..~;'-; ........ ~,.~,....,~' _by 5:00 p.m. on the Friday immediately preceding the regular meeting. 30 Notice of additions to the preliminary agenda for which City Council action is expected to be taken shall be provided in the same manner as for the preliminary agenda at least twenty~four hours prior to the regular meeting. Provision of copies of the preliminary agenda and additions may be accomplished by verified facsimile transmissions. Section 2.04.020. SPECIAL MEETINGS. Special meetings of the City Council shall be held in the Council Chambers, Council Conference Room or other designated location after public notice has been provided pursuant to RCW 42.30.080 as it now exists or is hereafter amended. Verified facsimile transmissions shall constitute mailing for purposes of complying with notice requirements. Section 2.04.030 PRE-COUNCIL SESSION. The city council shall meet at 5:00 p.m. on the same day, immediately prior to the regular weekly meetings set forth in Section 2.04.010 hereof for a pre-council session. Section 2.04.040 COUNCIL MEMBER SALARY SCHEDULE. Beginning January 1, 1998, each Council member of the City of Bremerton shall receive a salary of $600.00 per month; and the Council President shall receive an additional stipend of $25.00 per month during his or her appointed term as President. Council members shall receive no medical, dental or other employee benefit. SECTION 2. EFFECTIVE DATE. This ordinance shall take effect ten (10) days from passage and publication. APPROVED by the City Council on the first reading this day of ,2001. PASSED by the City Council of the City of Bremerton this ~ day of ,2001. JOHN LAW Council President APPROVED this day of ,2001. LYNN S. HORTON Mayor ATTEST: KATHLEEN McCLUSKEY, City Clerk Promptly after adoption, the text of each ordinance or a summary of the content of each ordinance shall be published at least once in the official newspaper of the city. For purposes of this section, a summary shall mean a brief description which succinctly describes the main points of the ordinance. Publication of the title of an ordinance authorizing the issuance of bonds, notes, or other evidences of indebtedness shall constitute publication of a summary of that ordinance. When the city publishes a summary, the publication shall include a statement that the full text of the ordinance will be mailed upon request. An inadvertent mistake or omission in publishing the text or a summary of the content of an ordinance shall not render the ordinance invalid. In addition to the requirement that a city publish the text or a summary of the content of each adopted ordinance, ~blish a procedure for ~~~for the forthcoming coun A special meeting may be called at any time by the presiding officer of the governing body of a public agency or by a majority of the members of the governing body by delivering personally or by mail written notice to each The call and notz.ce shall specify the time and place of the special meeting and the business to be transacted. Final disposition shall not be taken on any other matter at such meetings by the governing body. Such written notice may be dispensed with as to any member who at or prior to the time the meeting convenes files with the clerk or secretary of the governing body a written waiver of notice. Such waiver may be given by telegram. Such written notice may also be dispensed with as to any member who is actually present at the meeting at the time it convenes. The notices provided in this section may be dispensed with in the event a special meeting is called to deal with an emergency involving injury or damage to persons or property or the likelihood of such injury or damage, when time requirements of such notice would make notice impractical and increase the likelihood of such injury or damage. [1971 ex.s. c 250 § 8.] To: Bremerton City Council CC: Lori Smith, Legislative Assistant From: Glenna Malanca, Special Counsel Dot®: April 9, 2001 Re: Charter Requirements For Ordinance - Agenda Notice Bremerton City Charter Section 14 (3) mandates that the Council establish by ordinance a procedure for notifying the public of upcoming meetings and agendas. RCW 35.22.228 requires that the City establish a procedure for notifying the public of upcoming heatings and the preliminary agenda for the forthcoming agenda. Unless a statutory emergency exists, at least 24-hour notice should be provided t0 th~ public of add-on agenda items, prior to the Council meeting at which the council expects to take a¢fi°~ Recommended notice may include written notification to the City's official newspaper, pUblicati°n of notice in the official newspaper, posting of upcoming meeting agendas, or otherwise as dete~ed by the City to satisfy the requirement. I have attached a proposed Agenda Bill and ~en~ent to Chapter 2.04 BMC. Itl§ alS° s~ggested that the City Council provide flexibility for moving the time and place of a regular meeting in the event of special c/rcumstances. State law provides for schedule and location changes in the: event :Of an emergency. But room capacity constraints or other unforeseen circumstances could require a different location or time for a regular meeting of the City Council. To protect the validity of any acti6n taken at such a meeting, provision needs to be made in Chapter 2.04 BMC. Additionally, BMC Section 2.04.020 currently provides that all day and special meetings (both are special meetings) of the City Council are to be held in Council Chambers. A change to that section is proposed to allow for meetings in Council Chambers, Council Conference Room, or other designated place, as provided in the Notice of Meeting. 33 To: Bremerton City Council CC: Lori Smith, Legislative Assistant From: Glerma Malanca, Special Counsel Date: April 9, 2001 Re: Charter Requirements For Ordinance - Agenda Notice Bremerton City Charter Section 14 (3) mandates that the Council establish by ordinance a procedure for notifying the public of upcoming meetings and agendas. RCW 35.22.228 requires that the City establish a procedure for notifying the public of upcoming hearings and the preliminary agenda for the forthcoming agenda. Unless a statutory emergency exists, at least 24-hour notice should be provided to the public of add-on agenda items, prior to the Council meeting at which the council expects to take action. Recommended notice may include written notification to the City's official newspaper, publication of notice in the official newspaper, posting of upcoming meeting agendas, or otherwise as determined by the City to satisfy the requirement. I have attached a proposed Agenda Bill and Amendment to Chapter 2.04 BMC. It is also suggested that the City Council prOvide flexibility for moving the me and place of a regular. meeting in the event of special circumstances. State law provides for schedule and location changes in the event of an emergency. But room capacity constraints or other unforeseen circumstances could require a different location or time for a regular meeting of the City Council. To protect the validity of any action taken at such a meeting, provision needs to be made in Chapter 2.04 BMC. Additionally, BMC Section 2.04.020 currently provides that all day and special meetings (both are special meetings) of the City Council are to be held in Council Chambers. A change to that section is proposed to allow for meetings in Council Chambers, Council Conference Room, or other designated place, as provided in the Notice of Meeting. AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Amendments to Chapter 2.04 BMC FOR AGENDA: providing for Notice of Hearings and Agendas ORIGINATING DEPT: City Council and providing for alternate meeting places for ORIGINATOR: Council President City Council DATE SUBMITTED: 2. CLEARANCES: (Comment on back if necessary) 3. EXHIBITS: COUNCIL OPERATIONS COMMITTEE Proposed Ordinance and May 9, 2001 Memorandum from Special Counsel FISCAL & BUDGET COMMITTEE ENDORSEMENT [--1 iNFORMATION MAYOR APPROVED FOR SUBMITTAL: COUNCIL PRESIDENT 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Under the terms of the City Charter the City Council needs to provide for a procedure for Notice of meetingss and Council Agendas. Additionally, the current BMC provision relating to special meetings requires that all meetings are to be held in Council Chambers. The Council may wish to provide for alternate meeting places, including the Council Conference Room. These changes need to be accomplished by ordinance. The current ordinance does not provide for the possible need to change the place or time of a regular Council meeting. Provision is added by the proposed ordinance to address special needs. 5. RECOMMENDATION: 1.MOVE TO APPROVE AT FIRST READING AN ORDINANCE AMENDING BMC SECTIONS 2.04.010 AND 2.04.020 PROVIDING PROCEDURES FOR GIVING NOTICE OF COUNCIL MEETINGS AND AGENDAS AND FOR ALTERNATE LOCATIONS FOR CITY COUNCIL MEETINGS, UPON NOTICE. 2. MOVE TO PASS AT SECOND READING ORDINANCE NO. AMENDING ........... 6. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 7. NOTICE OF ACTION: PULLED ~-~ TABLED [-~ APPROVED ~-~ DISAPPROVED ~-~ AMENDED [--] DATE: COUNCIL DIRECTIVE: 8. AGENDA BILL NO. 9. IMPACT OF NON-PASSAGE: CITY COUNCIL WOULD NOT BE IN COMPLIANCE WITH THE CHARTER OR THE MUNICIPAL CODE AND NO PROVISION WOULD BE MADE TO ACCOMMODATE THE NEED FOR A CHANGE iN' THE TIME OR PLACE OF COUNCIL MEETINGS. 10. IMPACT ON STAFFING. BUDGETS. FACILITIES. EQUIPMENT OR OTHER RESOURCES: NONE 11. RESEARCH SOURCES: GUIDELINES FOR NOTICE OF AGENT)AS AND SPECIAL MEETINGS BREMERTON CITY COUNCIL OFFICE JUNE 2001 1. Change of regular meeting of City Council - The City Charter requires one- week advance notice of a change in the time or place of the regular City Council meeting in the absence of an emergency. Notice of the change is to be given in the same manner as notice of the Council agenda, found in BMC 2.04.010 (b). 2. Notice of agenda and additions to agenda - The preliminary agenda for the up-coming week is to be posted in the City Council Office by 4:30 p.m. by the preceding Friday as provided in BMC 2.04.010 (b). The agenda does not have to be identified as preliminary, and no change in the current format is necessary. A stamp could be used on the posted agenda, or other notation, of the time and date of the posting. A copy of the preliminary agenda is also to be faxed to the City's official designated newspaper. Verification of receipt needs to be obtained, documented, and maintained as part of the record. Verification of receipt may be accomplished by fax machine verification or by telephone confirmation of receipt, noted on the master copy of the notice of agenda. It is recommended that faxed copies also be provided to The Patriot newspaper, community television, and other media expressing an interest. Additions to the agenda need to be noticed in the same fashion as the preliminary agenda if Council action is expected to be taken on the item. This includes motions, resolutions, rules, regulations, directives and ordinances. Informational items and others not contemplating Council action at the meeting, or at a future meeting, may be added to the agenda without notice. This exception should be used sparingly because of the broad defmition of "Council action". 3. Notice of Special Meetings - Notice of Special Meetings must conform to the requirements of RCW 42.30.080 as it now exists, or is later amended. The City Council Rules and Procedures, Rule 1, Section 2, currently reflects the requirements of RCW 42.30.080. In the event of an amendment to the RCW, compliance with the new State law will be required and the Rules and Procedures will need amendment. NOTE: Rule 1, Section 2 of the Council Rules and Procedures provides for 24-hour notice of a change in the time or location of a regular Council meeting. Since the Charter requires a week advance notice of a change in the time or location of a regular Council meeting, the longer notice needs to be provided. NOTE: Rule 5, Section 1, of the Council Rules and Procedures omits New Business from the Items of Business for Regular Meetings. This is only a technicality, but should be noted for future revision of the Rules and Procedures as it is in conflict with actual practice and BMC 2.04.010 (a). 37 ORDINANCE NO. AN ORDINANCE Revising Sections 2.04.010 and 2.04.020 of the Bremerton Municipal Code, Providing for Alternate Times, Locations and Pub!ic3tion Notice of Preliminary Agendas for Regular City Council Meetings; and Providing for Alternate Locations and Notice of Special Meetings. THE CITY OF BREMERTON DOES HEREBY ORDAIN: TIME, PLACE AND NOTICE OF AGENDAS OF MEETINGS SECTION 1 REVISION. Chapter 2.04 of the Bremerton Municipal Code is hereby revised to read as follows: 2.04.010. TIME AND PLACE AND NOTICE OF AGENDAS -REGULAR MEETINGS /._ (,, '.?. (a) The time and pla~meeting o£the City Council required by Charter shall be each Wednesday a~,~ve-thirty p.m.)tt the Council Chambers, City Hall, Bremerton, Washington, unless an emerg~,ay-c~;t~-~ circumstances require a different time or location. Notice to the public of a different time or place for holding a City Council regular meeting shall be provided at least one week in advance, except in the case of an emergency occurring less than one week prior to the regularly scheduled meeting. If a regular meeting day falls upon a legal holiday; upon the same day that either a primary or general election is held; or as approved by majority of the Council, then such regular meeting shall be rescheduled to a day during the same week following procedures *' .... *+; ....... ;"~ .... *;-'- ........... & - ov .............. e set forth in ,subsection (b), below, and providing notice at least one week in advance of the new meeting date. TheA regular City Council meeting~ shall consist of the following sections: 1. Call to Order (Flag Salute and Invocation) 2. Consent Agenda 3. Claims/Vouchers/Warrants 4. Council Members Report 5. Mayor's Report 6. Legislative Report 7. Public Recognition 8. New Business 9. Final Reading of Ordinances and vote thereon 10. Introduction and First Reading of Ordinances 11. Reading and vote upon Resolutions 12. Public Hearings and Appeals 13. Adjournment of Meeting Any section except for I, 7 and 13 may be omitted if there are no scheduled items for the §ection. (b) A preliminary agenda for a regular meeting of the City Council shall be posted in the City Council Office by 4:30 p.m. on the Friday immediately preceding the regular meeting. Copies of the preliminary agenda are to be provided to the City's official designated local ,,~f-1 fA ,:,~1~ .-~,q;~-, .a.-wl *~1~..4~;~ ~+~,*;~....Aa;M. newspaper, .................................................................... '~',-~ .... v-~,----,--,- J~;'~; .......... ~,,,,,,,~" _by 5:00 p.m. on the Friday immediately preceding the regular meeting. Notice of additions to the preliminary agenda for which City Council action is expected to be taken shall be provided in the same manner as for the preliminary agenda at least twenty-four hours prior to the regular meeting. Provision of copies of the preliminary agenda and additions may be accomplished by verified facsimile transmissions. Section 2.04.020. SPECIAL MEETINGS. Special meetings of the City Council shall be held in the Council Chambers, Council Conference Room or other designated location after public notice has been provided pursuant to RCW 42.30.080 as it now exists or is hereafter amended. Verified facsimile transmissions shall constitute mailing for purposes of complying with notice requirements. Section 2.04.030 PRE-COUNCIL SESSION. The city council shall meet a~:00 p.~on the same day, immediately prior to the regula~ weekly meetings set forth in Section '~:O4:ff[0 hereof for a pre-council session. Section 2.04.040 COUNCIL MEMBER SALARY SCHEDULE. Beginning January 1, 1998, each Council member of the City of Bremerton shall receive a salary of $600.00 per month; and the Council President shall receive an additional stipend of $25.00 per month during his or her appointed term as President. Council members shall receive no medical, dental or other employee benefit. SECTION 2. EFFECTIVE DATE. This ordinance shall take effect ten (10) days from passage and publication. APPROVED by the City Council on the first reading this day of ,2001. PASSED by the City Council of the City of Bremerton this __. day of ,2001. JOHN LAW Council President APPROVED this __day of ,2001. LYNN S. HORTON Mayor ATTEST: KATHLEEN McCLUSKEY, City Clerk 37 RCW 35.22.288 Promptly after adoption, the text of each ordinance or a summar! of ~he content of each ordinance shall be published at least once in the official newspaper of the city. For purposes of this section, a summary shall mean a brief description which succinctly describes the main points of the ordinance. Publication of the title of an ordinance authorizing the issuance of bonds, notes, or other evidences of indebtedness shall constitute publication of a summary of that ordinance. When the city publishes a summary, the publication shall include a statement that the full text of the ordinance will be mailed upon request. An inadvertent mistake or omission in publishing the text or a summary of the content of an ordinance shall not render the ordinance invalid. In addition to the requirement that a city publish the text or a summary of the content of each adopted ordinance, every city shall establish a procedure for ~~6~i~ the forthcoming council meeting. Such proced~ A special meeting may be called at any time by the presiding officer of the governing body of a public agency or by a majority of the members of the governing body by delivering personally or by mail written notice to each member of the gover-ning body; ~~ ~~uch notice mu~t be delivered ~[~ ine call ana notice shall specify the time and place of the special meeting and the business to be transacted. Final disposition shall not be taken on any other matter at such meetings by the governing body. Such written notice may be dispensed with as tc any member who at or prior to the time the meeting convenes files with the clerk or secretary of the governing body a written waiver of notice. Such waiver may be given by telegram. Such written notice may also be dispensed with as to any member who is actually present at the meeting at the time it convenes. The notices provided in this section may be dispensed with in the event a special meeting is called to deal with an emergency involving injury or damage to persons or property or the likelihood of such injury or damage, when time requirements of such notice would make notice impractical and increase the likelihood of such injury or damage. [1971 ex.s. c 250 § 8.] ~0 AGENDA BIJ~L BREMERTON CITY COUNCIL 1. SUBJECT: RESOLUTION NO. ~q-,~.[ 5 FOR AOENDA OF: June20,2001 ACCEPTING THE DEDICATION OF A PORTION ORIGINATING DEPT: PW&U Engineering Div. HARRISON MEMORIAL HOSPITAL LAND ORIGINATOR: Jennifer Strehler, City AS PUBLIC RIGHTS-OF-WAY. DATE SUBMITTED: .~_~ 2. CLEARANCES: (comment on back f~~ 3. EXHIBITS Director, Public Works/Utilities v' - _d---~-- ~ A. Resolution. :2,~ L5' Assistant City Attorney .~_ .~~//2 B. Drawing of proposed right-of-way Administrative Services Manager ~ ~ dedication. Council Budget & Finance Committee ~~.-~.. 1 . , Operations Committee .~.~?~.,~/~ ~ ENDORSEMENT ~'~~N APPROVED BY COUNCIJ~/..PR:E~E~ F..Otk~SUBM1TT. AL: MA X OR<~~)/-~-7~~~ COUNCIL P 4. SUM~Y STATEMENT AND REQUIREMENT FOR COUNCIL AC<'TION: Harrison Memorial Hospital has proposed the dedication of rights-of-way to the City of Bremerton for an existing comer of a street and sidewalk. The street and sidewalk are described legally in the attached dedication documents, but can be generally described as the southeast comer of the intersection of Cherry Avenue and Ash Street. The street and sidewalk to be dedicated were constructed in accordance with the City Street Standards and were inspected by the Department of Public Works and Utilities during their construction. Improvements to the street included paving, curb and gutter, and sidewalk. A condition of accepting the proPOsed dedication is a requirement that the City of Bremerton agrees to maintain and manage this area of rights-of-way pursuant to State law and City Code and policies. Staff recommends passage of the proposed Resolution. 8. RECOMMENDATION: Move to pass Resolution # -.~-~ 15' ., which accepts the dedication, as City of Bremerton rights-of-way, of the southeast comer of the intersection of Cherry Avenue and Ash Street; and which obligates the City to manage and maintain this area of rights-of-way; and which authorizes the Mayor to sign the dedication documents. 9. RESPONSIBLE OFFICIAL: City Engineer ENFORCEMENT OFFICIAL: N/A EXPIRATION DATE: REVIEW D~TE~,,_____.~__ 10. NOTICE OF ACTION ~ PULLED TABLED APPROVED DISAPPROVED COUNCIL DIRECTIVE YA~TE:'" ~--- 11. AGENDA BILL NO: (~ ~ - 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: This comer of street intersection will remain private property. 6. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: The City will maintain full responsibility for management, repair and maintenance of this dedicated public rights-of-way. 7. RESEARCH SOURCES ab, Agenda Bills 2001, Dedication of a Portion of Harrison Memorial Hospital Land RESOLUTION NO. ~ ~ A RESOLUTION ACCEPTING THE DEDICATION, AS CITY OF BREMERTON RIGHTS-OF WAY, OF A PORTION OF THE SOUTHEAST CORNER OF THE INTERSECTION OF CHERRY AVENUE AND ASH STREET. WHEREAS, Harrison Memorial Hospital has proposed dedication of right-of-way to the City of Bremerton for an existing street and sidewalk; and WHEREAS, the southeast comer of Cherry Avenue and Ash Street have been built to City of Bremerton standards; and WHEREAS, the street and sidewalk will be utilized by the public for access to the properties abutting this street, and general traffic circulation in this area; and WHEREAS, as a condition of accepting the proposed dedication, the City of Bremerton will agree to maintain and manage this rights-of-way pursuant to State law and City Code and policies; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BREMERTON THAT: Section 1: The following street and sidewalk, described legally in the attached dedication documents, but generally described below, are accepted as dedicated City of Bremerton rights-of- way: (a.) a portion of the southeast comer at the intersection of Cherry Avenue and Ash Street. Section 2: The City of Bremerton shall maintain and manage this fights-of-way as per State Law and City Code and policies. Section 3. The Mayor is authorized to sign the attached dedication documents. PASSED by the City Council of the City of Bremerton this day of ,2001. JOHN LAW, Council President Attachments: Right-of-Way Deed, Harrison Memorial Hospital, Tax Parcel//3967-004-001-0402 Filed for Record at Request off When Recorded Return to: Name: City Clerk Address: 239 Fourth Street Bremerton, WA 98337 Document Title: Right-of-Way Deed Project Name: Oncology Building Development Developer Name: Harrison Memorial Hospital Location: Cherry Avenue and Ash Street Tax Parcel # 3967-004-001-0402 Abbreviated Legal A portion of Parcel 1, Bock 5, 3rd Addition to Sheridan Park, Vol. 8, pages Description: 64 thru 67, recorded under Auditor's file # 658976, records of Kitsap County, WA, situate in Section 12, Township 24 N, Range 1 E., W.M. RIGHT-OF-WAY DEED KNOW ALL 1VIEN BY THESE PRESENTS, THAT Harrison Memorial Hospital of Bremerton, of County of Kitsap,.in the State of Washington, in consideration of Mutual Benefits, hereby grants, bargains, sells and conveys unto the City of Bremerton, County of Kitsap, the following described parcel of land, together with all improvements located thereon, situated in the City ofBremerton, Kitsap County, State of Washington, to-Mt: SEE EXHIBIT "A" R/W Deed -1- Dated this day of ,2001 Harrison Memorial Hospital By: DonaM E. Thornton for Harrison MemoriaI Hospital STATE OF WASHINGTON ) .' SS. COUNTY OF KITSAP ) On this day personally appeared before me , to me known to be the ., of Harrison Memorial Hospital that executed the within foregoing instnnuent, and acknowledged said instrument to be the flee and voluntary act and deed of said property for the uses and purposed therein mentioned, and on oath stated that he was authorized to execute said instnnnent. GIVEN under my hand and official seal this day of ., 2001. In Wimess Whereof, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public in and for the State of Washington residing at appointment expires: R/W Deed -2- CITY OF BREMERTON, Grantee BY: LYNN S .HORTON Mayor DEPARTMENTAL APPROVAL: W. EUGENE SAMPLEY Director, of Public Works and Utilities APPROVED AS TO FORM: DAVID St. PIERRE Assistant City Attorney RECEIVED FOR FILING: KATHLEEN L. McCLUSKEY City Clerk R/W Deed -3- EXHIBIT "A" THAT PORTION OF PARCEL 1, BLOCK 5, 3e ADDITION TO SHERIDAN PARK, VOLUME 8, PAGE(S) 64 THRU 67, RECORDED UNDER AUDITOR'S FILE NUMBER 658976, RECORDS OF KITSAP COUNTY WASHhNGTON, SITUATE IN SECTION 12, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M. KITSAP COUNTY, WASI-{I~GTON, DESCRIBED MORE PARTICULARLY AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 1, BLOCK 5, BEING THE INTERSECTION OF THE EASTERLY MARG~ OF RIGHT-OF-WAY OF CHERRY AVENUE AND THE SOUTHERLY MARGIN OF RIGHT-OF-WAY OF ASH STREET PEK SAID 3'a ADDITION TO SI-{ERIDAN PARK; THENCE ALONG SAID SOUTHERLY MARG~ OF RIGHT-OF-WAY SOLrTH 88° I0' 35" EAST 64.20 FEET; THENCE LEAVING SAID SOUTI~RLY MARGIN OF RIGHT-OF-WAY SOUTH 87° 09' 22" WEST 42.70 FEET; THENCE SOUTH 52° 35' 35" WEST 27.94 FEET TO A POINT ON THE EASTERLY MARGIN OF RIGHT-OF-WAY OF CHERRY AVENqJ-E AND THE WEST LINE OF SAID PARCEL 1, BLOCK 5; THENCE ALONG SAID EASTERLY MARGIN OF RIGHT-OF-WAY, NORTH 01° 48' 45" EAST 21.14 FEET TO THE POI/qT OF BEGINNING. "e(,. "' ."'.",~;, - , ",~ LAUNDRY/ONCOLOGY ADOI~ONS "W CORNER, PARCEL 1 SHERIDAN PARK. - __, ._'_/_ ',,.' '~ - ~ ~Y A-~-~ E .... · ..x....,,,, ,.., ~, L. AUNDRY/ONCOL©GY .... ., ADDITIONS '\ ',,..\ ~ \, \~ X " '" xy...,~ \, ~" = 5o' '~ RIGHT OF WA~ ~ t ~ ) [~ ~ i / ~ ~o~, ~ ~ ~ ~. ~ '~ ~? ..-.-'.--" ~,o~ ~. ,~o,~o~ ~o ~%~ .--"..-" SHERIDAN PARK- ~ ' " ,~;', ~ ,-- .... '* ..........g ~ ~Y ~A-~-~ E- P.Q, 5o× 720 · 11309 Clear Creek Road N.W. Siiverdaie, Wast~ington 98383 Silverda!e (360) 692-5525 · Seattle (206) 682-5574 Fa× (360) 698-0546 Engineering · Surveying · Planning RIGHT OF WA Y DEDICATION THAT PORTION OF PARCEL 1, BLOCK 5, 3~ ADDITION TO SHERIDAN PARK, VOLUME 8, PAGE(S) 64 THRU 67, RECORDED UNDER AUDITOR'S FILE NUMBER 658976, RECORDS OF KITSAP COUNTY WASHINGTON, SITUATE IN SECTION 12, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M. KiTSAP COUNTY, WASHINGTON, DESCRIBED MORE PARTICULARLY AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 1, BLOCK 5, BEING THE INTERSECTION OF THE EASTERLY MARGIN OF RIGHT-OF-WAY OF CHERRY AVENUE AND THE SOUTHERLY MARGIN OF RIGHT-OF-WAY OF ASH STREET PER SAID 3ra ADDITION TO SHERIDAN PARK; THENCE ALONG SAID SOUTHERLY MARGIN OF RIGHT-OF-WAY SOUTH 88° 10' 35" EAST 64.20 FEET; THENCE LEAVING SAID SOUTHERLY MARGIN OF RIGHT-OF-WAY SOUTH 87° 09' 22" WEST 42.70 FEET; THENCE SOUTH 52° 35' 35" WEST 27.94 FEET TO A POINT ON THE EASTERLY MARGIN OF RIGHT-OF-WAY OF CHERRY AVENUE AND THE WEST LINE OF SAID PARCEL 1, BLOCK 5; THENCE ALONG SAID EASTERLY MARGIN OF RIGHT-OF-WAY, NORTH 01° 48' 45" EAST 21.14 FEET TO THE POINT OF BEGINNING. ~4420.03/lglbyYDK/4-27-01 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Public Hearing FOR AGENDA OF: June 20~ 2001 Resolution # ~ (P , regarding recovery of fees for ORIGINATING DEPT.: Fire Dept. removal of vegetation on the listed properties. ORIGINATOR: Al Duke DATE SUBMITTED: 2. CLEARANCES: (Comn~l~t_on back if 3. EXHIBITS: Fire Chief: ~_~.-/. ~_ 1. Resolution # ~. ~ I ~ City Clerk: ~/,,3. ,~.~_t'~l-~.~. 2. Property Identification List Asst. City Attorn~y:~,,x&~':-~,%Y~. ~ 3. Photos Dir. Of Comm. Dev.: /~T,//,~,~ ~ ENDORSEMENT ~ INFORMA~ICION __)/AI~PROVED BY COUNCIL PRESIDE~R SUBMITTAL: Ordinance ~4584 dt~lare~ that it i~ tmi~wf~l and a nni~nce to allow, conti~ae, or maintai~ grass and we~ls exceeding t~elve 02) inches in height, shrnl~, brn~h, v~es or tre~ which constitute a fire h~ard or provide a harborage for rat~, roden~ or horticultural pest~, or noxio~ and poi~ono~ plant~. The Ii,tod propertie~ are c-rrently in viol~tio~ of the ordinance and p~r~nant to Section 9.14 of the Bremerton M~nicipal Code, Cotm¢il i~ asked to approve the remowl of the m~i~ance vegetation o~ the property ami collection of the ~o~t~ incurred b~ personal judgment against the owner and a lien ~_~i~ the property. RECOMMENDATION: I move that Council pass Resolution g~ ~l ~ , ordering that the nnisanee vegetation on the propertie~ identified by the attached listing be removed by the City with fee~ incurred collected as reasonable abatement ¢o~, which shall become a pemonal judgment against the owner and a lien : against the property. 9. RESPONSIBLE OFFICIAL: A! Duke ENFORCEMENT OFFICIAL: Al Duke ' EXPIRATION DATE: N/A REVIEW DATE: N/A 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED ~ AMEND4_~LF~ COUNCIL DIRECTIVE: DATE: 11. AGENDA BILL NO.: 2. CLEARANCE COMMENTS: 5. IMPACT OF NON-PASSAGE: Ordinance #4584 would not be enforced and nuisance vegetation would continue to thrive in the City of Bremerton. 6. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: The City's revolving abatement fund would suffer the deficit of not collecting these funds. 7. RESEARCH SOURCES: N/A RESOLUTION # A RESOLUTION approving nuisance vegetation abatement on the listed Properties and determining means of collection of costs incurred for its removal. WHEREAS, the City of Bremerton passed ordinance #4584 in February of 1997, which declares certain vegetation a public nuisance, a fire hazard and a menace to public health, safety and welfare and requiring its abatement; and WHEREAS, Section 9.14 of the Bremerton Municipal Code allows the City to remove nuisance vegetation and recoup the costs by personal judgment against the property owner and as a lien against the property; and WHEREAS, the City Council is charged with determining whether the vegetation is a nuisance and whether it shall be removed and has considered the report filed by the Building Official and any protests or objections filed; now therefore BE IT RESOLVED, by the City Council of the City of Bremerton: 1. That the vegetation shown to exist on the attached listed properties is a nuisance. 2. That the City of Bremerton will exercise its right to remove said nuisance vegetation and recapture abatement fees by pursuing a personal judgment against the property owner and filing a lien against the property. PASSED, by the City Council of the City of Bremerton this day of _, 20 JOHN LAW Council President 50. WEED ABATEMENT LISTING JUNE 20, 2001 ADDRESS OWNER 1. 817 Broadway Michael Butts 6715 Kitsap Way Bremerton, WA 98312 3305 Chester Delores Lund, M. G. Latham and N. J. Alguard 23945 - 41st Avenue SE Apt. 7C I Bothell, WA 98021-7750 3{3. ~ 1341 N. Montgomery Shirley Seim 2511 E. Grand Avenue Everett, WA 98201-3342 4. 3230 Phillips Bank of America 400 Chesterfield Ctr. 110 Chesterfield, MO 63017 1336 Rainier Fawcett Cobum Heritage Trust 2524 Colby Avenue Everett, WA 98201 15115.~ 3211 Robin Household Finance 636 Grand Regency Blvd. Brandon, FL 33511 \7. 1100 Blk. Of Walnut Donald Bohman, Ruth Browne,  x~ Julius and Ann Templeton 10550 NW Left Wing Court Silverdale, WA 98383-9216 8. 1920 - 6th Christian and Corinna Munter 1920 - 6th Street Bremerton, WA 98312 9. 1111 - 9th Western Sunrise Mortgage 2865 Sunrise Blvd. Ste 101 Rancho Cordova, CA 95742 10. 1421 & 1425 - 17~h Duane L. Oliphant P.O. Box 523 Bremerton, WA 98337-0125 11. 306 E. 28rh Karen Torgerson 306 E. 28th Bremerton, WA 98310